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CA denied receipt of validation request


helpplease
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I was served a summons a few weeks ago on an old cc debt. Since then, I have spent countless hours looking up information and asking questions, trying to figure out my rights, the law, and this whole process, as well as my next course of action. I've gotten alot of information, but often confusing and sometimes conflicting. So, I hope you can help.

About 8 months ago I was contacted by an attorney (PC), representing a bank, collecting on an old credit card debt. They claimed I owed $4,100.00. Since I had no information on the account and I never had a credit card that exceeded a $1500.00 limit, I responded within 30 days and indicated that I was disputing the claim. I also requested information regarding the account, including specifics such as opening and closing dates of the account, charges, etc. I received no response. I sent two more letters and received no responses.

I was just served a summons a couple of weeks ago. I replied, as required, and noted that I never received a response to my letters, which disputed the validity of the debt and requested additional information regarding the account. I even referenced all three letters sent (I have copies).

I just received a letter from the attorney (in response to the letter I filed), stating they had no record of my letters. They also requested copies and provided another postage paid envelope. I find this hard to believe that they did not receive my letters given the following: All four letters (including the response to the summons) were mailed by a household member, the same person for all four letters, at the Post Office with a return address (not certified), and in at least one instance, using the postage paid envelope they provided. (The address was a P.O. Box located approximately 40 miles away.) So, while I can prove they were mailed, I can't prove they were received. I know I should have known better. I thought making copies and documenting the letters was sufficient, especially since none of their mail sent to me was certified. (Hard lesson)

So, what next? Also, should I send them copies? And, very important, if the SOL comes up before I actually go to court, would I still be able to request dismissal? Even though I have no information on this card, I know I have not had any credit cards, since 2000/2001. I have alot more questions, but I think I'll go one step at a time. Your input and assistance is very much appreciated.

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The fact that you did or did not request validation, and the fact that they did or did not receive your letters means ZERO right now. You CANNOT use that as a defense to the lawsuit. Counterclaim?...maybe, but your first concern is defending the lawsuit. If you are not comfortable with the process, consult with an attorney ASAP. Don't let yourself get strapped with a judgment while you're trying to prove you sent some letters.

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Thanks for the info. I don't think hiring a lawyer is an option due to my current financial situation, although I may be eligible for some sort of legal assistance. I'm checking into it.

I have no information on this account, and the lawyers don't seem to want to provide any. How do I go about getting info and a breakdown of the claim amount? And given what you know, and what little I know, what would be my options? Bankruptcy? Payments?

Also, I'd like to request a continuance because I need more time. They scheduled the court date rather quickly. It is my understanding that I need to send a letter to the Judge. Is there anything in particular I should include in my letter?

Thanks again.

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You are lucky they didn't just take a default judgment. It appears you have not protected your interests with a proper answer to the complaint. A DV at t his point, by itself, helps them more than you ( provided they turn up some statements or such). If you do not raise the SOL in your answer, you lose it. If it had not run when they sued you, it is not availabel as a defense later.

I suggest you see a lawyer, at least to help you prepare an answer.

If you do DV them now, send it by certified mail, at the very least, so you can show it was mailed to them at their address.

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Look, if you are asking these questions, you need a lawyer. You have no time to learn legal process right now. So find one that will do the work on contingency. Contact your local bar association for a referral.

The fact is, you have at least a counterclaim for continued collection activity without validation. If you succeed in your counterclaim, they will have to pay your attorney fees. That plus damages may well exceed what they are claiming you owe. That may cause them to fold entirely.

Also, most states have looser pays law. That means if your lawyer can show you were sued and it isn't even your debt (which sounds quite possible given your description) then your lawyer send his bill to them and they pay it.

At worst, you may have to put up a $50 consultation fee to get a lawyer to take the time to hear your case.

One thing not mentioned (or asked) thus far... Did you send any of your letters certified? You need proof they got your letters. If all you did was lick a stamp then you have a harder up-hill battle to fight.

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At worst, you may have to put up a $50 consultation fee to get a lawyer to take the time to hear your case.

Valuable information!

One thing not mentioned (or asked) thus far... Did you send any of your letters certified? You need proof they got your letters. If all you did was lick a stamp then you have a harder up-hill battle to fight.

That's one of the major problems, although the Summons had been Answered, not one letter sent Certified, as mentioned:

I just received a letter from the attorney (in response to the letter I filed), stating they had no record of my letters. They also requested copies and provided another postage paid envelope. I find this hard to believe that they did not receive my letters given the following: All four letters (including the response to the summons) were mailed by a household member, the same person for all four letters, at the Post Office with a return address (not certified), and in at least one instance, using the postage paid envelope they provided. (The address was a P.O. Box located approximately 40 miles away.) So, while I can prove they were mailed, I can't prove they were received. I know I should have known better. I thought making copies and documenting the letters was sufficient, especially since none of their mail sent to me was certified. (Hard lesson)

Helpplease, I know that you know now: ALWAYS mail your very important Letters to the CAs and Attorneys via CMRRRs. And NEVER ever utilize any of their "Free" Postage Paid Envelopes because they are only encouraging you to respond to them for "Free" and without CMRRR. Then they gotcha, because you have no proof of your mailings and their receiving whatsoever.

Not only is the alleged Debt an issue, now there is the issue of your Letters?

I make sure that I ALWAYS avoid "new" issues, when dealing with OCs, CAs, JDBs and their attorneys. Good Luck.

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Thanks. I did speak with a lawyer briefly and it looks like bankruptcy is my best option, given my current situation.

Curious...If I wanted to settle, just to get this over with, what is the very lowest amount they would consider? And how would I go about it? Also, I am currently unemployed, should I mention this?

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Thanks. I did speak with a lawyer briefly and it looks like bankruptcy is my best option, given my current situation.

Curious...If I wanted to settle, just to get this over with, what is the very lowest amount they would consider? And how would I go about it? Also, I am currently unemployed, should I mention this?

we cant answer what they will settle for.. only they can tell you that.. you need to decide if this is worth it.. if you have no job and no property you may be judgement proof for now... however depending on where you live you could be garnished when you start working again

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I thought I read on another post, although I can't find it at the moment since I've read so many, that there is a certain way that they calculate the payment, and a percentage amount that they will not go below. Anyone?

As for "judgement proof:" I may be considered judgement proof, but I don't want to go that route. I'm not looking to get out of paying a debt, or avoid it, if in fact I owe it. I just don't like the way it has been handled by the lawyer. And since I have no information on the account, and they have ignored my requests for information, I have nothing to work with.

I've had a few delinquent accounts over the past 20 years, but they were all paid or settled. In two instances, I initiated contact to repay my debt, once my financial situation changed for the better. However, this situation has left me frustrated.

I can't be the only one who has been in this situation. I've read many of the posts and noticed that there is alot of support and good information. Is there anyone out there who has gone through a similar situation? Or, who can give me some information on how to approach the lawyers to negotiate a settlement (do's and don't's, what to expect, etc.)?

For those that have already posted a reply: Thanks very much for your time. Any info that sheds light or offers good advice is very much appreciated. Thanks again.

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I was served a summons a few weeks ago on an old cc debt. Since then, I have spent countless hours looking up information and asking questions, trying to figure out my rights, the law, and this whole process, as well as my next course of action. I've gotten alot of information, but often confusing and sometimes conflicting. So, I hope you can help.

About 8 months ago I was contacted by an attorney (PC), representing a bank, collecting on an old credit card debt. They claimed I owed $4,100.00. Since I had no information on the account and I never had a credit card that exceeded a $1500.00 limit, I responded within 30 days and indicated that I was disputing the claim. I also requested information regarding the account, including specifics such as opening and closing dates of the account, charges, etc. I received no response. I sent two more letters and received no responses.

I was just served a summons a couple of weeks ago. I replied, as required, and noted that I never received a response to my letters, which disputed the validity of the debt and requested additional information regarding the account. I even referenced all three letters sent (I have copies).

I just received a letter from the attorney (in response to the letter I filed), stating they had no record of my letters. They also requested copies and provided another postage paid envelope. I find this hard to believe that they did not receive my letters given the following: All four letters (including the response to the summons) were mailed by a household member, the same person for all four letters, at the Post Office with a return address (not certified), and in at least one instance, using the postage paid envelope they provided. (The address was a P.O. Box located approximately 40 miles away.) So, while I can prove they were mailed, I can't prove they were received. I know I should have known better. I thought making copies and documenting the letters was sufficient, especially since none of their mail sent to me was certified. (Hard lesson)

So, what next? Also, should I send them copies? And, very important, if the SOL comes up before I actually go to court, would I still be able to request dismissal? Even though I have no information on this card, I know I have not had any credit cards, since 2000/2001. I have alot more questions, but I think I'll go one step at a time. Your input and assistance is very much appreciated.

Are the lawyers sueing for the collector you requested validation from? This is what I was told: unless a company plans to CONTINUE pursuing debt collection from you, they do not need to provide validation of debt even if you've requested it certified mail. In other words, if they sold the account to someone else and no longer own the debt, and that office is sueing you, the new collector/lawers most likely do not have any record of your requests. Check to make sure you haven't received letters from another collection office on this debt. I had one debt that changed collection offices within two weeks of my requesting validation, and since I threw the letter to the side without opening, I didn't realize it was the same account until 30 days had passed.

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I thought I read on another post, although I can't find it at the moment since I've read so many, that there is a certain way that they calculate the payment, and a percentage amount that they will not go below. Anyone?

As for "judgement proof:" I may be considered judgement proof, but I don't want to go that route. I'm not looking to get out of paying a debt, or avoid it, if in fact I owe it. I just don't like the way it has been handled by the lawyer. And since I have no information on the account, and they have ignored my requests for information, I have nothing to work with.

I've had a few delinquent accounts over the past 20 years, but they were all paid or settled. In two instances, I initiated contact to repay my debt, once my financial situation changed for the better. However, this situation has left me frustrated.

I can't be the only one who has been in this situation. I've read many of the posts and noticed that there is alot of support and good information. Is there anyone out there who has gone through a similar situation? Or, who can give me some information on how to approach the lawyers to negotiate a settlement (do's and don't's, what to expect, etc.)?

For those that have already posted a reply: Thanks very much for your time. Any info that sheds light or offers good advice is very much appreciated. Thanks again.

Does judgement proof mean the lawyers/collectors can't collect from you after winning a judgement in court, or they can't pursue a judgment against you at all until your financial situation improves?

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What "judgement proof" means is "you can't get blood from a stone"

They are saying that they have no assets that can be taken, they have no pay that can be garnished, and the likihood of the judgement creditor getting paid is zero.

The problem with this theory is that judgements are good for 10 or more years in most states, and can even be renewed for another 10 or more years. So, although you are judgement proof NOW, that doesn't say that you will be, say 15 years from now.

15 years is a long time.

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What "judgement proof" means is "you can't get blood from a stone"

They are saying that they have no assets that can be taken, they have no pay that can be garnished, and the likihood of the judgement creditor getting paid is zero.

The problem with this theory is that judgements are good for 10 or more years in most states, and can even be renewed for another 10 or more years. So, although you are judgement proof NOW, that doesn't say that you will be, say 15 years from now.

15 years is a long time.

Ok, so this means although someone is judgement proof, a judgement can still be won against them in hopes that it can be collected upon later.

Yep, 10 years is a long time. However, unless the person is permanently disabled, or married and never plans to work again because their spouse is head of household, most people will probably file bankruptcy within a 10-15 year period if their financial situation does not improve. So a judgement boils down to just having proof on paper that the debt is owed in "hopes" the person comes into some money.

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